Will Disputes and Contested Estates

Will Disputes and Contested Estates (NSW)

When a loved one passes away, disputes about their Will or estate can be emotionally exhausting and financially stressful. If you’re in NSW and you believe a Will is unfair, invalid, or you have been left out or not properly provided for, getting early legal advice can help you understand your position and take the right steps before deadlines pass.

At Gouveia Legal, we assist clients across NSW with will disputes, contested estates, and inheritance claims. We provide clear, practical guidance from the first conversation through to resolution, whether your matter is settled through negotiation and mediation or proceeds to court.

When you might need a will dispute lawyer

People usually contact a lawyer about disputing a Will in NSW when they are:

• Left out of a Will entirely
• Given a share that feels unfair or doesn’t reflect the relationship or dependence
• Concerned the deceased was pressured or influenced into making changes
• Worried the person making the Will lacked capacity or didn’t understand what they were signing
• Facing conflict with an executor or other beneficiaries about how the estate is being handled
• Experiencing delays, missing assets, or unclear estate administration

If any of these situations sound familiar, we can help you understand your options and the most effective pathway to move forward.

Types of will and estate disputes we handle

Family Provision Claims (being left out or treated unfairly)

In NSW, certain eligible people may be able to make a family provision claim if they were not adequately provided for from the estate. These matters often arise where the deceased’s circumstances changed, relationships were complicated, or the Will does not reflect current needs.

Challenging a Will (validity disputes)

A Will may be challenged where there are concerns about how it was made or whether it truly reflects the deceased’s intentions. Common grounds can include:

• lack of testamentary capacity
• undue influence or coercion
• suspicious circumstances
• improper execution
• fraud or forgery

Executor and estate administration disputes

Disputes can arise when an executor fails to act properly, communication breaks down, or beneficiaries believe the estate is not being administered transparently. We assist with:

• executor disputes and removal applications (where appropriate)
• requests for information and estate accounts
• disputes about distributions and delays
• concerns about mismanagement of estate assets

Interpretation disputes (what the Will actually means)

Sometimes a Will is valid but unclear. We advise on disputes relating to:

• ambiguous clauses and beneficiary entitlements
• competing claims over assets
• disputes about what was meant by a gift or direction